Why was he driving?

May 20, 2011

Tour bus driver David Soto, has been charged with one count of aggravated DUI in connection with the death of Justyna Palka, 26, who was run over and killed as she crossed the street near her Streeterville home. (CHICAGO POLICE DEPARTMENT, CHICAGO POLICE DEPARTMENT)

It's such a sad story: Graphic designer Justyna Palka, 26, was run over and killed by a tour bus as she crossed the street near her Streeterville home earlier this month. Just reading the news reminded us about our vulnerability.

And it's such an outrageous story: Authorities say the bus driver, David Soto, had cocaine in his system when his bus ran over Palka. He has served time for aggravated criminal sexual assault, attempted rape and aggravated battery. At the time of the accident he was under investigation for other alleged sex crimes and now faces new charges.

How in the world could this guy be driving a bus?

Palka's family sued Soto's employer on Tuesday, charging the bus company with negligence for hiring him.

Illinois Secretary of State Jesse White points to an obvious concern: Tour bus drivers don't get the same scrutiny as school bus drivers. White is urging federal regulators to tighten the standards for licensing tour bus drivers.

Illinois law says anyone who has been convicted of certain crimes—dozens altogether, from murder to prescription drug fraud—cannot be licensed to drive a school bus. But federal rules govern tour bus drivers, because they often work in several states. Essentially, you can drive a tour bus if you qualify for a commercial driver's license. You're disqualified if you've been convicted of a serious traffic violation or a crime that involved driving a vehicle.

The standards for tour bus drivers don't have to be exactly the same as school bus drivers. But White is right to suggest they be tougher. Public safety is at stake, both that of bus passengers and of pedestrians. Conviction for a violent crime or sex-related offense is a reasonable disqualifier.

At the same time, the federal government needs to strengthen the patchwork system of screening for drug and alcohol abuse. Right now, employers are largely responsible for this. While the fact that Soto was a sex offender driving a tour bus is outrageous, substance abuse by drivers is a far more common danger for passengers and pedestrians. Another red flag: Soto had been ticketed in the past for 20 driving infractions and his commercial driver's license was suspended for a time. Yet, he was still driving a tour bus.

Does this sound eerily familiar? In March, a casino tour bus crashed on a New York highway, killing 15 people. The driver of that bus had served time for manslaughter and grand larceny and had a string of driving-related arrests and convictions.

The head of the Federal Motor Carrier Safety Administration has called for a national database of truck and bus drivers who have tested positive or refused mandatory testing for drugs and alcohol. Federal transportation officials want to make it easier to disqualify drivers for previous DUIs.

All good steps. Someone who has a history of violence, or drug abuse, or dangerous driving should not be behind the wheel of a bus.